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Bombay High CourtIA/512/2024withdrawn

Vir Krishna Kotak v. Hl Terminal Holding B.V.

2025-02-03Hon'Ble Justice Shri Arif S. Doctor2 pages

25-IA-512-2024-INS-53-2024.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 512 OF 2024 IN SUIT NO. 53 OF 2024 Vir Krishna Koktak ...Applicant

IN THE MATTER BETWEEN

Vir Krishna Koktak ...Plaintiff

Versus

HL Terminal Holding BV & Ors ...Defendants Mr Kapil Arora, with Ajay Sawhney, Aditi Tambi & Priyanka Desay, i/b Cyral Amarchand Mangaldas, for the Applicant/Plaintiff. Mr Navroz Seervai, Senior Advocate, with Shreya Gupta, Abhijit Sadikale, i/b Shardul Amarchand Mangaldas, for Defendants Nos. 1, 8 and 9.

SHEPHALI SANJAY MORMARE Mr Janak Dwarkadas, Senior Advocate, with Nitesh Jain, Atul Jain, Adrish Majumder, Somit Kumar Singh & Prerna Shankar, i/b by SHEPHALI SANJAY MORMARE Date: 2025.02.05 09:36:14 +0530 Trilegal, for Defendant No. 3. Mr Somit Kumar Singh, i/b Trilegal, for Defendant No. 3 in S/53/2024 appeared online. Mr Nitesh Jain, with Atul Jain, Adrish Majumder, Vidhi Shah, Somit Kumar Singh & Prerna Shankar, i/b Trilegal, for Defendants Nos. 5 to 7.

CORAM:

ARIF S. DOCTOR, J DATED:

3RD FEBRUARY 2025 PC:- 1.

Mentioned out of turn.

25-IA-512-2024-INS-53-2024.DOC 2.

Learned Counsel appearing on behalf of the Applicant/Plaintiff submits that his client is not desirous of pressing the Interim Application and thus seeks leave to withdraw the same with liberty to file afresh. Mr Dwarkadas submits that the Applicant may be permitted to file any fresh Interim Application, only if permitted in law. 3.

Hence, the Interim Application is dismissed as withdrawn. The Applicant is granted liberty to file a fresh Interim Application, if so permitted in law.

4.

Mr Dwarkadas also presses for costs. However, since the Interim Application is being withdrawn, I am not inclined to consider the grant of costs at this stage. The question of costs shall be considered at the final hearing of the Suit.

5.

Interim Application is disposed of in the aforesaid terms. (ARIF S. DOCTOR, J)